mmanurker
07-01 02:46 PM
This is the response I got from NJ senator:
Dear Mr. Manurker:
Thank you for contacting me to express your opposition to Senator Bernard Sanders' amendment to the American Jobs and Closing Tax Loopholes Act of 2010. Your opinion is very important to me, and I acknowledge your concerns about this issue.
The amendment offered by Senator Sanders requires employers to certify that they have not and will not lay off a large number of employees before they are allowed to employ foreign workers. I strongly believe that priority should be given to American workers. However sometimes there are no available American citizens to fill key high-tech or high-skilled jobs. It is important for us to make sure that American citizens are being considered first to fill these roles and that employers are not hiring foreign nationals while laying off our own citizens.
Again, I thank you for sharing your thoughts with me. Please be assured that I will keep your views in mind. I encourage you to contact me if I can be of further assistance.
Dear Mr. Manurker:
Thank you for contacting me to express your opposition to Senator Bernard Sanders' amendment to the American Jobs and Closing Tax Loopholes Act of 2010. Your opinion is very important to me, and I acknowledge your concerns about this issue.
The amendment offered by Senator Sanders requires employers to certify that they have not and will not lay off a large number of employees before they are allowed to employ foreign workers. I strongly believe that priority should be given to American workers. However sometimes there are no available American citizens to fill key high-tech or high-skilled jobs. It is important for us to make sure that American citizens are being considered first to fill these roles and that employers are not hiring foreign nationals while laying off our own citizens.
Again, I thank you for sharing your thoughts with me. Please be assured that I will keep your views in mind. I encourage you to contact me if I can be of further assistance.
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ita
01-30 10:03 PM
How does one know what is the amount mentioned on H1 LCA? Do we have to ask the employer about it?
Now how do you show that you were in status since last entry to 485 filing date? Do we have to produce monthly pay stubs or will the W2 be sufficient?
Will appreciate your response.
Thank you.
Example[/U]
Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).
Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.
He entered on USA using AP in Oct 2008. He is using EAD to work.
Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.
If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.
____________________
Not a legal advice.
US Citizen of Indian Origin
Now how do you show that you were in status since last entry to 485 filing date? Do we have to produce monthly pay stubs or will the W2 be sufficient?
Will appreciate your response.
Thank you.
Example[/U]
Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).
Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.
He entered on USA using AP in Oct 2008. He is using EAD to work.
Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.
If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.
____________________
Not a legal advice.
US Citizen of Indian Origin
boreal
12-28 02:36 PM
Yes this is correct. If you have an approved I-140 and your I-485 is pending for 180 days, the employer cannot revoke your I-140 unless there is fraud in getting the I-140. If you have done joint filing of the two, if you get your I-140 within 6 months of the joint filing, you can change employers immediately after that. Of course, you can't just go to any employer; it has a to be a similar job.
welcome back qplearn :-)
welcome back qplearn :-)
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vinod_gvk
09-26 11:58 AM
They Changed and uploaded it around 12.15PM
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ita
09-10 11:09 AM
I'm not able to figure out how to post a mssg in chat..is it 'coz I'm restricted or something? At the bottom of the page I see my name as logged in members though..I've over 150 posts and 4 dots..not enough for access to chat or is it that I'm not able to figure out how to post mssgs? Appreciate it if someone can explain it to me.
Thank you.
Thank you.
vandanaverdia
09-10 03:45 PM
You have to carry a stack load of papers, documents, etc every time you go for your visa stamping & back....
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gckp
08-14 10:04 PM
I guess nobody is waiting for it now....
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senthil1
06-12 02:29 PM
It looks like without H1b restrictions you may not get anything. That is mood in the Senate. If CIR is not coming what is your idea? Skill bill seperately is difficult if not impossible. Last minute they may increase H1b for a few years(But last minute increase of GC is impossible. You might have learned lesson on last lame duck session and February 2007) that will further screw up Gc waiting persons.If CIR comes you can have a chance of some favorable amendment in House if not happens in Senate. Also if you oppose CIR you are joining with your enemy and you have risk of losing crediblity. Compete America does not oppose CIR and they are opposing some portions and trying Amendments and they did not advice to any Senator to oppose the bill
So what is your point, you say only CIR can bring any relief to eb immigrants and no other bill like skil will be considered, but cir will not gives us any relief at all, so you would prefer a cir without any relief for us rather than not having any bill?
all this talk about cantwell amendment, what does cantwell amendment offer us, it offers us nothing that we dont already have. Canwell amendment is the best amednment we have so far, that should give you an idea of the pathetic situation we are in. Please start opposing this bill. If not, can somebody enlighten me what is the "good stuff" i am missing in this bill.
So what is your point, you say only CIR can bring any relief to eb immigrants and no other bill like skil will be considered, but cir will not gives us any relief at all, so you would prefer a cir without any relief for us rather than not having any bill?
all this talk about cantwell amendment, what does cantwell amendment offer us, it offers us nothing that we dont already have. Canwell amendment is the best amednment we have so far, that should give you an idea of the pathetic situation we are in. Please start opposing this bill. If not, can somebody enlighten me what is the "good stuff" i am missing in this bill.
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puddonhead
08-10 07:40 PM
Could you elaborate on how this is a "wishful" reinterpretation of the law?
I have no intention of playing spoilsport if you are taking some good faith initiative. In fact, if there is some campaign launched on this - I will probably even contribute (well - if you are doing something in good faith for a community then I have a moral obligation to support it if it is not harmful for the community).
However, this part "I would contend that this statement is on a year to year basis" souonds wishful to me based on my understanding of what the immigration law says. I spent some time going over the law a couple of years ago - so its possible that my memory may be failing me. If you can show some place in the Immigration law that actually supports this reinterpretation then I will correct myself.
I have no intention of playing spoilsport if you are taking some good faith initiative. In fact, if there is some campaign launched on this - I will probably even contribute (well - if you are doing something in good faith for a community then I have a moral obligation to support it if it is not harmful for the community).
However, this part "I would contend that this statement is on a year to year basis" souonds wishful to me based on my understanding of what the immigration law says. I spent some time going over the law a couple of years ago - so its possible that my memory may be failing me. If you can show some place in the Immigration law that actually supports this reinterpretation then I will correct myself.
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abd
09-23 01:54 PM
Congratulations on your GC approval. Do you know how long it generally takes after responding to a RFE to see change in your status?
The RFE response was received on Monday morning . The status changed as review on Monday night and i got approval email today around 12.00
The RFE response was received on Monday morning . The status changed as review on Monday night and i got approval email today around 12.00
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concorde
07-23 04:32 PM
Mine reached NSC on July 2 at 9:02 AM. Got Fedex delivery confirmation and no receipt from CIS yet. Will check with my lawyer for advise.
You must be joking :-) about asking the attorney for advise :-). See http://immigrationvoice.org/forum/showpost.php?p=122613&postcount=39
Unfortunately most of the attorneys don't seem to be on top of the situation
and will only list out the "obvious" possible outcomes which we ourselves can list out.!! So far, at least 2 attorneys I have approaced haven't been able to tell me how 2 485 applications for a single person are handled. Godammit, it is not some rocket science question; it has to be there in some USCIS manual/rule book or a section of the immigration law.
You must be joking :-) about asking the attorney for advise :-). See http://immigrationvoice.org/forum/showpost.php?p=122613&postcount=39
Unfortunately most of the attorneys don't seem to be on top of the situation
and will only list out the "obvious" possible outcomes which we ourselves can list out.!! So far, at least 2 attorneys I have approaced haven't been able to tell me how 2 485 applications for a single person are handled. Godammit, it is not some rocket science question; it has to be there in some USCIS manual/rule book or a section of the immigration law.
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signifer123
02-13 11:50 AM
Dang it!!!!
Well maybe i'll make a new one, grinch your no fun, but on the bright side i get to make two entries.
Well maybe i'll make a new one, grinch your no fun, but on the bright side i get to make two entries.
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abd
09-21 01:59 PM
May be approval is few hours away for you.
I hope approval and not denial or other RFE. My RFE is posted on 1st page of this thread and it took lot of documents. so hopefully we will hear good news...
I hope approval and not denial or other RFE. My RFE is posted on 1st page of this thread and it took lot of documents. so hopefully we will hear good news...
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nitlsu
11-20 05:37 PM
Here's the correct link,
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
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solaris27
07-12 08:33 AM
http://www.immigration-law.com/
Even though the USCIS will accelerate processing of some of these cases, these I-485 waiters and their family members may want to take care of following three relief within this month:
I-140 Premium Processing: The first condition of present limited I-140 premium processing is the unavailability of the visa numbers for you. If your H-1B six-year limit will reach within the next two months and one-year increment extension is not available in your situation, please make it sure that you file the premium processing of I-140 petition before the end of July, 2008 for the three reasons: (1) Without the approval of I-140 petition, I-485 cannot be adjudicated. Since the premium processing will not be available from August 1, 2008, you should not fail to file premium processing services. (2) If the circumstances are such that you may have to change employment using approved I-140 petition, approval of I-140 petition by premium processing will be particularly critical. (3) As explained below, approval of I-140 is one condition for the H-1B three-year increment extension. If such extension is critical for you, you should seek premium processing services as quickly as possible within this month.
104(c) Three-Year H-1B Extension Petition: If you filed I-140 and I-485 concurrently during the period of July 2007 Visa Bulletin fiasco, some of you may have obtained the I-140 petition and are just waiting for the adjudication of I-485 application. Again, some of you who fit this description may not be eligible for one-year increment H-1B extension because of specific situation in each case. You may then have to file the three-year increment H-1B petition within this month as the 104(c) petition can be filed only during the visa number is not available for you.
Two-Year EAD Extension Application: If your EAD will expire within the next four months (120 days), you should file the EAD application within this month since the first condition for the two-year EAD is unavailability of visa number for the applicant.
The foregoing actions will be particularly important for the late I-485 receipt date filers. Since the USCIS is likely to adjudicate the I-485 applications in processing queue which is generally determined by the date of receipt of I-485 applications, the later the filing date is, the longer the adjudication will take in general, and the earlier the filing date is, the shorter the adjudication will take unless some issues are involved. Good luck.
Even though the USCIS will accelerate processing of some of these cases, these I-485 waiters and their family members may want to take care of following three relief within this month:
I-140 Premium Processing: The first condition of present limited I-140 premium processing is the unavailability of the visa numbers for you. If your H-1B six-year limit will reach within the next two months and one-year increment extension is not available in your situation, please make it sure that you file the premium processing of I-140 petition before the end of July, 2008 for the three reasons: (1) Without the approval of I-140 petition, I-485 cannot be adjudicated. Since the premium processing will not be available from August 1, 2008, you should not fail to file premium processing services. (2) If the circumstances are such that you may have to change employment using approved I-140 petition, approval of I-140 petition by premium processing will be particularly critical. (3) As explained below, approval of I-140 is one condition for the H-1B three-year increment extension. If such extension is critical for you, you should seek premium processing services as quickly as possible within this month.
104(c) Three-Year H-1B Extension Petition: If you filed I-140 and I-485 concurrently during the period of July 2007 Visa Bulletin fiasco, some of you may have obtained the I-140 petition and are just waiting for the adjudication of I-485 application. Again, some of you who fit this description may not be eligible for one-year increment H-1B extension because of specific situation in each case. You may then have to file the three-year increment H-1B petition within this month as the 104(c) petition can be filed only during the visa number is not available for you.
Two-Year EAD Extension Application: If your EAD will expire within the next four months (120 days), you should file the EAD application within this month since the first condition for the two-year EAD is unavailability of visa number for the applicant.
The foregoing actions will be particularly important for the late I-485 receipt date filers. Since the USCIS is likely to adjudicate the I-485 applications in processing queue which is generally determined by the date of receipt of I-485 applications, the later the filing date is, the longer the adjudication will take in general, and the earlier the filing date is, the shorter the adjudication will take unless some issues are involved. Good luck.
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kondur_007
06-08 06:03 PM
That "small change" of EB2 China PD is very important. It suggests that there is going to be "Spill over" so EB2 India and China will have to move together to use the unused numbers. A good sign; at least EB1 retrogression does not seem to be likely and there will be some spill over numbers to EB2 India (EB2 china may not benefit much as it had a PD later than that for the rest of the year.
Scorpion: how can you say "no spill over". EB2ROW is current and so spill over is likely (more likely from EB1 and even to some extent from EB2 ROW)
Moreover, EB2 ROW remained current meaning that they have not used all their quota; they will not use any spillover numbers and they may even provide spill over numbers to EB2 India and China.
Scorpion: how can you say "no spill over". EB2ROW is current and so spill over is likely (more likely from EB1 and even to some extent from EB2 ROW)
Moreover, EB2 ROW remained current meaning that they have not used all their quota; they will not use any spillover numbers and they may even provide spill over numbers to EB2 India and China.
more...
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sathishav
02-18 09:24 AM
Guys,
1. I live in Cary and planning to drive to DC on Apr 04/05. Open to car pool.
2. I just came across this forum and made a small $50 donation. ( More later on how things work out) . I still don't have access to Donor forums. I did mail StarSun my unique#.
inputs appreciated.
1. I live in Cary and planning to drive to DC on Apr 04/05. Open to car pool.
2. I just came across this forum and made a small $50 donation. ( More later on how things work out) . I still don't have access to Donor forums. I did mail StarSun my unique#.
inputs appreciated.
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gc_on_demand
11-14 04:31 PM
bump
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boreal
10-26 01:51 AM
I have to post here to get attention though I know this is not the thread ..I don't know why people are not talking about this ..there is a possibility that there may be a lame duck session for second stimulus bill ..maybe we can push for small recapture bill ..please comment and let us get IV core's attention..I can access IV only during evenings and morning ...so someone please think about this and push for this
-------------------------
does IV core really have access to senators or DHS ???? because now when there is talk about second stimulus and talk to prep up housing ..we can push RECAPTURE !!! flower campaign to get attention is good idea too ...let us give them a approximate figure that 150,000 legal skilled immigrants are not buying house because of gc delays ..and hence ask them to do a small recapture at the minimum.
eternal optimists, arent we? :-)
-------------------------
does IV core really have access to senators or DHS ???? because now when there is talk about second stimulus and talk to prep up housing ..we can push RECAPTURE !!! flower campaign to get attention is good idea too ...let us give them a approximate figure that 150,000 legal skilled immigrants are not buying house because of gc delays ..and hence ask them to do a small recapture at the minimum.
eternal optimists, arent we? :-)
yabadaba
02-21 03:46 PM
pitha...while i bear the frustration of the doors slamming on my face in october 2005 (eb2 was current prior to that) for the sheer fact that i had an incompetent attorney during the initial days when my LC process started.....i would not go far as saying that the porters have "cheated" the system.
The law via Chintakuntla provided that a person with a bachelors degree and 5 years experience is equal to an advanced degree holder.
All the porters are doing is following the law. Its frustrating to people like you and me, but its their right. If i was in their position and the law allowed me to take advantage of a provision of this nature, I would gladly take it.
The law via Chintakuntla provided that a person with a bachelors degree and 5 years experience is equal to an advanced degree holder.
All the porters are doing is following the law. Its frustrating to people like you and me, but its their right. If i was in their position and the law allowed me to take advantage of a provision of this nature, I would gladly take it.
desixp
06-11 02:26 PM
Done!
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